Tracker: Waiting for Derivative's I-485 Approval

Open SR

GV_GC said:
mvnm00,
try after sometime. I spoke to an officer this morning. So it is possible that when you called all the officers were busy.
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mvnm00,
I would have preferred opening SR instead of lapsing time in waiting for IO. If I am not wrong, the same telephone message should have taken to National Customer Support Centre.
 
already opened SR

No use. I received a letter that said in 120 days, a decision will be made on this case. This is so frustrating.

My Q is my wife's case si not being approved bcoz of unavailability of visa number?

All her name check and security check is cleared, given the finger prints, but i have no clue why they are not approving.

What are my options?

Thanks
 
johngc said:
My spouse went for an info pass, the officer initiated an SR and asked to come back if it is not approved in two weeks
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My spouse is going today .... Curios what the officer will say , and could not guess why she asked to retrun back after two weeks :confused:
 
Just curious - situation doesn't apply to me. If primary is approved and spouse not approved in current FY, will the spouse numbers come from next year's quota? What if the filing category of primary is retrogressed in next year - would the spouse have to wait till visa numbers are available?

This is an interesting question because FY07 is almost over.
 
Technically yes. This is the law.
But you never know. Some time USCIS interpret law differently like alloted 60K visa numbers on July 1 and keep on approving in August and September even though visa bulletin says visa number is not available in August and September.
You never know how they unfold the GC approvals !!


rollingstone said:
Just curious - situation doesn't apply to me. If primary is approved and spouse not approved in current FY, will the spouse numbers come from next year's quota? What if the filing category of primary is retrogressed in next year - would the spouse have to wait till visa numbers are available?

This is an interesting question because FY07 is almost over.
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I don't want generalize the cases, see one case here, he missed derivative approval in Dec 05 and got her approval in this July 07.

http://www.immigrationportal.com/showpost.php?p=1729697&postcount=96



rollingstone said:
Just curious - situation doesn't apply to me. If primary is approved and spouse not approved in current FY, will the spouse numbers come from next year's quota? What if the filing category of primary is retrogressed in next year - would the spouse have to wait till visa numbers are available?

This is an interesting question because FY07 is almost over.
Click to expand...
 
But I think the July visa fiasco was a totally unique and unprecedented situation. They keep approving cases in August and September because CIS basically pre-requested visa number authorization from DOS. So the only difference was in timing of visa number request; those cases were allotted a number late June (*when they were current*) already.

And so... derivatives are affected by their primary's PD. Can't help wondering if there aren't some special consideration at least for kids... it would be tragic if kids are aged out while their cases are retrogressed (there must be such cases somewhere out there, I think). I'm hoping those cases that would otherwise be retrogressed come October will hear good news within four days now.

khodalmd said:
Technically yes. This is the law.
But you never know. Some time USCIS interpret law differently like alloted 60K visa numbers on July 1 and keep on approving in August and September even though visa bulletin says visa number is not available in August and September.
You never know how they unfold the GC approvals !!
Click to expand...
 
Today call to TSC:

1. My son's second biometric notice can be discarded, since his card has been already ordered.
2. My spouse visa number has been requested, nothing is pending and she will get visa number from October, so call back in 30 days . But, I repeatedly asked (at least 4 times) that primary is not eligible to receive VISA number as per October VISA bulletin, so how can derivative be eligible to receive VISA number from October. She keeps saying she has been already requested for VISA number, she should get one from October.
 
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Very interesting... wonder if the request was made from the pool of FY07 numbers of from the pool of FY08 numbers. Is it theoretically possible that as long as a number is requested and authorized within a given fiscal year, a case can be approved by using that number even if the next fiscal year starts?

At any rate, it sounds all good for you. Hopefully you'll hear from them soon.

StillAlive said:
Today call to TSC:

1. My son's second biometric notice can be discarded, since his card has been already ordered.
2. My spouse visa number has been requested, nothing is pending and she will get visa number from October, so call back in 30 days . But, I repeatedly asked (at least 4 times) that primary is not eligible to receive VISA number as per October VISA bulletin, so how can derivative be eligible to receive VISA number from October. She keeps saying she has been already requested for VISA number, she should get one from October.
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Today's update for those who follow CRIS emails

My son received "Card Mailed" email today, he had "Card ordered" email on 25th Sept.

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Card Mailed

On September 27, 2007, we mailed the new card directly to the address we have on file. You should receive your new card within 30 days. If you do not, or if you move before you get it, call customer service.
 
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I called IO on 26th, refused to give any info. Kept saying wait for 60 days. When I asked why the spouse is not approved when the primary is approved, she said sometimes they don't get clearance together. When I spoke to the other officers earlier last week, they said everything is clear and waiting for a visa number. I hope my husband's case is similar to StillAlive and he will get a visa number from Oct. Hope so.... can't do much about it..

Primary - EB3 India Feb 5, 2003
I-485 filed - March 15, 2004
FP1 - Nov 2004
FP2 - Aug 2007
I-485 AD - 9/17/07
Spouse
I-485 filed - March 15, 2004
FP1 - Nov 2004
FP2 - Aug 2007
LUD - 8/23/07, 8/31/07, 9/21/07 AD: ?????? (Will it happen before the end of fy2007??)
 
sarwarmd said:
Good_Y,
Congratulations!
Have you had any LUDs changed before receiving FP notice for your son's case!
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Swaramd,

Did you contact your local congressman? Do you think I should contact the local congressman?

Primary - EB3 India Feb 5, 2003
I-485 filed - March 15, 2004
FP1 - Nov 2004
FP2 - Aug 2007
I-485 AD - 9/17/07
Spouse
I-485 filed - March 15, 2004
FP1 - Nov 2004
FP2 - Aug 2007
LUD - 8/23/07, 8/31/07, 9/21/07 AD: ?????? (Will it happen before the end of fy2007??)
 
I may not

GV_GC said:
Swaramd,

Did you contact your local congressman? Do you think I should contact the local congressman?

Primary - EB3 India Feb 5, 2003
I-485 filed - March 15, 2004
FP1 - Nov 2004
FP2 - Aug 2007
I-485 AD - 9/17/07
Spouse
I-485 filed - March 15, 2004
FP1 - Nov 2004
FP2 - Aug 2007
LUD - 8/23/07, 8/31/07, 9/21/07 AD: ?????? (Will it happen before the end of fy2007??)
Click to expand...

Gv,
Based on my understanding about your case, probably I may not contact congressman if I am in your place!
 
sarwarmd said:
Good_Y,
Congratulations!
Have you had any LUDs changed before receiving FP notice for your son's case!
Click to expand...

hI SARWARMD,
NO LUD, we received the welcome notice (welcome to US as new GC holder), I thought it is the approval. Now I have ot see the approval notice and It took two weeks for them to send for the FP notice. After FP there were updates immediately.
 
StillAlive,

I have a same issue for my son. TSC IO said he may approve in Oct as waiting for visa number. I asked the same question that my (primary's) priority date is not current in Oct.
She told me doesn't matter as primary is already approved.

Let hope for the best !!


StillAlive said:
Today call to TSC:

1. My son's second biometric notice can be discarded, since his card has been already ordered.
2. My spouse visa number has been requested, nothing is pending and she will get visa number from October, so call back in 30 days . But, I repeatedly asked (at least 4 times) that primary is not eligible to receive VISA number as per October VISA bulletin, so how can derivative be eligible to receive VISA number from October. She keeps saying she has been already requested for VISA number, she should get one from October.
Click to expand...
 
Steps before your son's AD 8/30/2007

good_y said:
hI SARWARMD,
NO LUD, we received the welcome notice (welcome to US as new GC holder), I thought it is the approval. Now I have ot see the approval notice and It took two weeks for them to send for the FP notice. After FP there were updates immediately.
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Good,
Thanks for your reply! Did you take any steps in between your approval and your sons AD 8/30/2007!
I am trying to see whether what I am doing is ok. Currently I am just keeping silent on my kids cases after opening SR my both kids.
My attorney is saying that he will write a letter to USCIS during the next week.
Sarwar
 
Good news

khodalmd said:
StillAlive,

I have a same issue for my son. TSC IO said he may approve in Oct as waiting for visa number. I asked the same question that my (primary's) priority date is not current in Oct.
She told me doesn't matter as primary is already approved.

Let hope for the best !!
Click to expand...

This is like a good news for all of us.
 
This is very good, lets see this concept is backed by other callers

khodalmd said:
StillAlive,

I have a same issue for my son. TSC IO said he may approve in Oct as waiting for visa number. I asked the same question that my (primary's) priority date is not current in Oct.
She told me doesn't matter as primary is already approved.

Let hope for the best !!
Click to expand...
 
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